Legal Opinion

State v. Baker

New Mexico Court of Appeals

Decided March 29, 1977No. 2810PublishedCited by 11 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

What is the proper sentence to be imposed upon an habitual offender convicted in one trial of multiple felonies after a prior felony conviction?

Defendants were convicted of false imprisonment, robbery and unlawful taking of a motor vehicle. Each offense was a felony. See § 40A — 4-3, N.M.S.A. 1953 (2d Repl. Vol. 6), § 40A-16-2, N.M.S.A.1953 (2d Repl. Vol. 6, Supp.1975) and § 64-9 — 4, N.M. S.A.1953 (2d Repl. Vol. 9, pt. 2, Supp.1975). Each defendant had a prior felony conviction in New Mexico. The trial court enhanced each of the three convictions as a second felony.…

2Cases cited17 opinions

  1. State v. KendallNew Mexico Court of Appeals · 1977
  2. State v. McCallSupreme Court of New Jersey · 1954
  3. Melby v. StateWisconsin Supreme Court · 1975
  4. French v. CoxNew Mexico Supreme Court · 1964
  5. State v. OrtizNew Mexico Court of Appeals · 1967

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. HarrisNew Mexico Court of Appeals · 1984
  2. State v. MayberryNew Mexico Court of Appeals · 1982
  3. State v. AaronNew Mexico Court of Appeals · 1985
  4. State v. McClendonNew Mexico Supreme Court · 2001
  5. State v. NealNew Mexico Court of Appeals · 2007

6 more not listed; retrieve them via the Exa API.

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